In ICAP Management Services Ltd v Berry, the High Court has reminded parties that TUPE requires a change of employer, a share sale does not involve a change of employer and it is an exceptional case where, after a share sale, there is a de facto TUPE transfer because of the supreme control exercised by the new owner. Where it was business as usual as in this case, and the companies carried on in the same way as before the share sale, there was no TUPE transfer.


In this case the employee was seeking to assert that there had been a TUPE transfer so he could seek to object to it and be released from his contract and join a competitor. That argument was rejected by the court.


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